can a car with permanently installed radar detector get a ticket here? it's an non-Virginia car registered to my nephew. he lives in an apartment in NY. starting next month, he will work overseas for 8 months. since he doesn't feel safe leavning the car in an apartment parking lot for 8 months, he wants to leave it at my house(in Fairfax County). I have no objection to it. It's a nice BMW convertible. However, I just found out that he has a permanently installed radar detector in his BMW. There is no on/off switch.... the whole system is concealed... when it detects a police radar/laser, the emergency brake light in the dash flashes(quick double-flashes) and the stereo is muted. (very nice touch in my opinion)

Obviously I will drive the car occasionally here... will I get into trouble with the cops here?

LanaK Wrote:
-------------------------------------------------------
> can a car with permanently installed radar
> detector get a ticket here? it's an non-Virginia
> car registered to my nephew. he lives in an
> apartment in NY. starting next month, he will
> work overseas for 8 months. since he doesn't feel
> safe leavning the car in an apartment parking lot
> for 8 months, he wants to leave it at my house(in
> Fairfax County). I have no objection to it. It's
> a nice BMW convertible. However, I just found
> out that he has a permanently installed radar
> detector in his BMW. There is no on/off switch....
> the whole system is concealed... when it detects a
> police radar/laser, the emergency brake light in
> the dash flashes(quick double-flashes) and the
> stereo is muted. (very nice touch in my opinion)
>
> Obviously I will drive the car occasionally
> here... will I get into trouble with the cops
> here?

On top having illegal equipment, I assume you will be skirting the property tax as well? Thanks from a nontaxcheat.

yes, it is illegal to drive with this device active and accessible.


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."

Yes. If you live in an HOA district, check their rules about the storage of cars on the property. And yes, notify Fairfax County to arrange to pay the appropriate taxes.

I believe you have thirty days once the vehicle is garaged in FFX. Co. before a tax infraction has taken place.

And.. Disable the radar detector.

Bet he does none of the above. Then why did he ask the question in the first place?

Five bucks says the radar detector has a fuse some where on the power line or close to the fuse box. Just take the fuse out.

I wouldn't worry about the car being from out of state for 8 months. I doubt anyboby will complain. The worst that would happen is the county forces you to pay property tax on the car.

my nephew just told me that there is indeed a fuse, located
next to the positive lead....

why would it be necessary to pay property tax? my nephew will never live in Virginia and he'll return from his overseas in less than a year.

there are thousands of college students from out-of-state, Virginia does not require them to register or pay taxes on their out-of-state cars/SUVs...



Lurker. Wrote:
-------------------------------------------------------
> Five bucks says the radar detector has a fuse some
> where on the power line or close to the fuse box.
> Just take the fuse out.
>
> I wouldn't worry about the car being from out of
> state for 8 months. I doubt anyboby will
> complain. The worst that would happen is the
> county forces you to pay property tax on the car.

if your car is in the county for 8 or more months...you have to pay the tax....
and college kids..arnt there that long

I just looked it up and I was wrong.

It's if the car is owned by a Farifax County resident for more than 60 days. In this case the car is not owned by a FFX county resident, so you should be ok.

LanaK Wrote:
-------------------------------------------------------
> why would it be necessary to pay property tax? my
> nephew will never live in Virginia and he'll
> return from his overseas in less than a year.

All vehicles garaged in the county are subject to the tax. Sorry, but it is the law. Will you get caught if it is in the garage most of the time? Probably not, but remember your neighbors are paying their car taxes and may report you if they suspect you are evading taxes they have to pay.

http://166.94.9.135/dta/RegistrationPreface.htm

"Vehicles purchased or moved into the county must be registered within 60 days of the purchase or move-in date."



Edited 1 time(s). Last edit at 08/21/2008 10:09PM by pgens.

To your original question, if the detector has no readily visible component, I wouldn't worry about it. It is technically illegal, but so what. So is drive 56 mph in a 55 zone.

I thought there was a case about 20 years ago that threw out that Virginia law, because only the FCC has the authority to regulate radios (including radar).

The way I remember it, the law was invalidated, but they decided to just keep the signs up and illegally threaten people about it. If a police officer attempts to confiscate your radar detector or says he will charge you with posessing one, tell him that you will file a warrant in federal court against him (naming him personally, as you are aware that the state or county will not stand for him). If you are charged, simply go to court and be prepared with the relevent federal law. Your case will be dismissed.

However, at the time of the stop, the officer is liable to become hostile and you might accidently beat your head against his nightclub, and there might be illegal drugs on your person that you didn't know about, and things like that. so be careful.

Virginia is the only state to still have those radar laws on the books. They are only successfully enforced when people just roll over and pay the fine out of ignorance. Usually the officer will attempt to confiscate your radar detector. If they ever give it back, you will find that, somehow, it is no longer operable (eg. from having been accidently crushed). The other states took the laws off the books when the federal government said they had to. Not sure why Virginia still gets away with the Nazi tactics.

This is all just what I've heard, mind you.



Edited 1 time(s). Last edit at 08/22/2008 01:42AM by Spacy.

Spacy spewed-
If a police officer attempts to confiscate your radar detector or says he will charge you with posessing one, tell him that you will file a warrant in federal court against him (naming him personally, as you are aware that the state or county will not stand for him).

----------------------------------
Ummm..no.

Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.

Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated.

That's what I always belived as well.... Virginia, as a state, doesn't not have the power to regulate radio devices such as a radar detector. The US federal government agency, FCC, is the legal authority.

For example, the state of Virginia cannot enact a law that bans DirecTV or Verizon Wireless from doing business in Virginia.

I think the Virginia radar detector ban is a good project for any lawyer or law student who wants to take this all the way to the supreme court. Virginia will fight like hell, because it will not want to give up this power to the federal government.

Spacy Wrote:
-------------------------------------------------------
> I thought there was a case about 20 years ago that
> threw out that Virginia law, because only the FCC
> has the authority to regulate radios (including
> radar).
>
> The way I remember it, the law was invalidated,
> but they decided to just keep the signs up and
> illegally threaten people about it. If a police
> officer attempts to confiscate your radar detector
> or says he will charge you with posessing one,
> tell him that you will file a warrant in federal
> court against him (naming him personally, as you
> are aware that the state or county will not stand
> for him). If you are charged, simply go to court
> and be prepared with the relevent federal law.
> Your case will be dismissed.
>
> However, at the time of the stop, the officer is
> liable to become hostile and you might accidently
> beat your head against his nightclub, and there
> might be illegal drugs on your person that you
> didn't know about, and things like that. so be
> careful.
>
> Virginia is the only state to still have those
> radar laws on the books. They are only
> successfully enforced when people just roll over
> and pay the fine out of ignorance. Usually the
> officer will attempt to confiscate your radar
> detector. If they ever give it back, you will
> find that, somehow, it is no longer operable (eg.
> from having been accidently crushed). The other
> states took the laws off the books when the
> federal government said they had to. Not sure why
> Virginia still gets away with the Nazi tactics.
>
> This is all just what I've heard, mind you.

First of all please realize that most of the asswipes on here are government employees that couldn't make it in private industry if their lives depended on it.
They are always really concerned if everyone isn't "paying their fair share" as their very existence depends on it.

Look up parasite in the dictionary and keep that in mind when you read the above post encouraging YOU to pay tax that neither you or your nephew actually owe.

Parasites love to suck money out of working people.

you guys are assholes Wrote:
-------------------------------------------------------
> First of all please realize that most of the
> asswipes on here are government employees that
> couldn't make it in private industry if their
> lives depended on it.
> They are always really concerned if everyone isn't
> "paying their fair share" as their very existence
> depends on it.
>
> Look up parasite in the dictionary and keep that
> in mind when you read the above post encouraging
> YOU to pay tax that neither you or your nephew
> actually owe.
>
> Parasites love to suck money out of working
> people.


Typical cheapskate willing to lie low in life taking all the advantages a community has to offer without living up to any of the obligations expected of that person. Cheaters love to scam the system and skirt the law.

Private Sector Law Abider Wrote:
-------------------------------------------------------
> you guys are assholes Wrote:
> --------------------------------------------------
> -----
> > First of all please realize that most of the
> > asswipes on here are government employees that
> > couldn't make it in private industry if their
> > lives depended on it.
> > They are always really concerned if everyone
> isn't
> > "paying their fair share" as their very
> existence
> > depends on it.
> >
> > Look up parasite in the dictionary and keep
> that
> > in mind when you read the above post
> encouraging
> > YOU to pay tax that neither you or your nephew
> > actually owe.
> >
> > Parasites love to suck money out of working
> > people.
>
>
> Typical cheapskate willing to lie low in life
> taking all the advantages a community has to offer
> without living up to any of the obligations
> expected of that person. Cheaters love to scam
> the system and skirt the law.

Of course, it's the American way! Our country was founded on not paying taxes!

You are just figuring it out?

watcher Wrote:
> Ummm..no.

Ummm..the law is illegal and Virginia knows it?

Read the part after the "ummm...no". It's where I showed you that you were wrong in suggesting such foolishness.

As long as the registration (tags) from NY is valid, you should not run into any issues with housing it here. The line item about 60 days "after being moved" relates to the owner of the car. If he has a NY license, and the NY tags are good, no problem with property tax.

From what you described, you would not be able to prove residency to even get VA plates on it. Just make sure that the NY tags stay good and you should be fine.